The Superannuation (Local Government and Overseas Employment) Interchange Rules 1969

Restrictions on calculation of benefits

7.—(1) Where a benefit becomes payable to or in respect of a person by virtue of rule 6(1) or (3), any provision of any enactment applicable to him prescribing a minimum benefit or a method of calculating the benefit otherwise than by reference to the amount of his contributions or the service reckonable by him or the amount of the pension which, calculated by reference to that service was, or would in certain given circumstances have become, payable to him, shall be disregarded.

(2) Where a benefit becomes payable to or in respect of a person to whom rule 11 has become applicable and the amount of that benefit falls to be calculated under any provision of any enactment applicable to him prescribing a minimum benefit or a method of calculating the benefit otherwise than by reference to the amount of the person's contributions or the service reckonable by him or the amount of the pension which, calculated by reference to that service, was, or would in certain circumstances have become, payable to him, then, if the number of years of service reckonable by the person under the provisions of that enactment is less than any minimum number of years of qualifying service prescribed for the receipt of the said benefit, the amount of the said benefit, in so far as it is obtained by reference to the said provision, shall be the amount which bears the same proportion to the sum otherwise payable as the number of years of service so reckonable as aforesaid bears to the minimum number of years of qualifying service.